Haines v. State
| Decision Date | 08 October 1946 |
| Citation | 158 Fla. 9,27 So.2d 414 |
| Court | Florida Supreme Court |
| Parties | HAINES v. STATE. |
Appeal from Criminal Court of Record, Duval County; Bryan Simpson judge.
P. Guy Crews, of Jacksonville, for appellant.
J. Tom Watson, Atty. Gen., and Reeves Bowen, Asst. Atty. Gen., for appellee.
The appellant having been tried under an information charging her with the commission of the offense of murder in the second degree, was convicted of manslaughter and from judgment upon such conviction brings her appeal to this court.
Six questions are presented by appellant for our consideration. The first second, third and fifth questions challenge the sufficiency of the evidence to support the verdict and judgment. We find from the record that the evidence was somewhat conflicting but there is ample evidence which, if believed by the jury to warrant the verdict and support the judgment.
Question four challenges the admissibility of the confession made by appellant to several police officers soon after her arrest which followed soon after the homicide was committed.
It is shown by the record that the statement constituting a confession was made by the appellant, was reduced to writing on typerwriter, was read over to appellant and approved by her but was not signed.
The statement made by appellant was read to the court in the absence of the jury and the circumstances under which it was made were delineated by the witnesses. The court determined that the statement was voluntarily made and was admissible in evidence. Afterwards the statement was read to the jury by the police officer who conducted the examination of the appellant at the time the statement was made and the circumstances under which that statement was made by appellant were delineated to the jury.
There appears to have been no mistreatment or coercion of the appellant by the officers and the conclusion may be reasonably drawn from the record that the statement was freely and voluntarily made.
It is contended here that the statement was not properly admitted in evidence though it may have been admissible because it was merely read to the jury by the witness who interrogated the appellant at the police station and the written statement was not offered in evidence. The record shows no objection made at the time to this method of interoducing the statement and it was admitted without objection in this regard. We think this was...
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Middleton v. State
...that this rule should apply to the reading of a transcription of a defendant's oral statements since this Court said in Haines v. State, 158 Fla. 9, 27 So.2d 414 (1946), that reading a defendant's statement to the jury is equivalent to introducing the written document into The state respond......
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State v. Saltzman, 47625
...65 S.Ct. 189, 89 L.Ed. 622; Mobley v. State, Ind.Sup., 85 N.E.2d 489; Gray v. Commonwealth, 293 Ky. 833, 170 S.W.2d 870; Haines v. State, 158 Fla. 9, 27 So.2d 414; 22 C.J.S., Criminal Law, § 833, p. 1456. The objection was properly II. Error is predicated upon the overruling of defendant's ......
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Williams v. State
...the Defendant reads the statement and adopts it as his own. See: Patterson v. State, 1946, 157 Fla. 304, 25 So.2d 713; Haines v. State, 1946, 158 Fla. 9, 27 So.2d 414. However, an oral statement transcribed by a third party which is not read to or adopted by the Defendant is inadmissible in......